HEPORT 


OF   THE    COMMITTEE 


on 


THE  BILL 


raoM 


THE  HOl/SE  QF  REPRESENTATIFES, 


FOR    THE    RBLrlEF 


OF  WILLIAM  WHITE 


AMD 


OTHERS. 


A 


January  30th,  1809. 
PRINTED  BY  ORDER  OF  THE  SENATE, 


WASHINGTON  CITY; 
PRINTED  BY  R.  C.  WEIGHTMAN. 

1809. 


/" 


\ 


n 


IN  SENATE 
9F  THE  UNITED  STATES, 


January  30th,  1809. 


iVTr,  Mitch  ill,  from  the  committee  to  whom  was 
referred  the  bill  from  the  House  of  Representa* 
tives,  "  for  the  relief  of  William  White,  and 
others,"  made  the  following 

REPORT : 

THAT  from  the  papers  and  docu- 
«ients  accompanying  said  bill,  it  appears  that 
tlie  said  William  White  and  nine  other  inha- 
bitants of  Knox  county,  in  the  state  of  Ken- 
tucky, have  petitioned  Congress,  for  the 
amount  of  damages  they  have  suffered,  iu 
being  unjustly  turned  off  their  farms  on  Yel- 
low creek,  between  the  ford  on  Cumberland 
river,  and  Cumberland  mountain,  as  intru- 
ders on  Indian  lands,  by  the  military  force 
under  the  orders  of  government,  in  the  year 
1801  ;  and  state  in  their  petition,  that  pre- 
vious to  their  settlement  '•''they  ascertained 
the  Indian  boundary  liney  from   the  point  of 


Campbell's  line,  on  Cumberland  mountain, 
to  the  ford  of  Cumberland  river,^*  and  actu- 
ally settled  on  the  United  States'  side  of  the 
line  :  the  sufferings  of  the  petitioners  on  the 
one  side,  the  justice  and  character  of  the 
government  on  the  other,  have  induced  the 
committee  to  make  a  thorough  examination, 
whether'  they  were  or  were  not  removed, 
agreeably  to  the  justice  and  laws^of  their  coun- 
try ;  that  they  were  removed  there  is  no  doubt. 
As  Campbell's  line  is  an  important  bounda- 
ry, in  the  present  case,  and  in  several  treaties 
made  with  the  Indians,  the  committee  have 
endeavored  to  ascertain  the  particulars  in 
relation  thereto. 

It  appears  that  a  treaty  was  held  with  the 
Cherokee  Indians,  by  commissioners  on  the 
part  of  Virginia  and  North  Carolina,  as  ear- 
ly as  the  year  1777,  at  which  treaty  were 
present  most  of  the  chiefs  and  warriors  of 
the  Cherokee  nation,  and  the  boundary  com- 
monly called  Campbell's  line,  was  then  and 
there  agreed  upon  by  all  parties  ;  and  in  the 
year  following,  1778,  the  line  was  actually 
run  by  one  Campbell  agreeably  to  the  trea- 
ty ;  at  the  running  of  which,  it  is  presumed 
the  Indians  were  present.  This  line  ruii 
west  20  degrees  north,  and  was  extended  to 
Cumberland  mountain  to  the  top  of  that  part 
which  is  now  called  Double  mountain^  at  a 
point  on  which  it  «^em&:to  be  well  establish- 


cd,  the  line  terminated  ;  it  is  also  certain  that 
a  straight  line  drawn  from  the  point  where 
Campbell's  line  terminated,  on  the  Cumber- 
land mountain,  to  the  ford  of  Cumberland  ri- 
ver, would  leave  the  settlements  made  by  the 
petitioners,  something  short  of  a  mile  on  the 
Indian  side  of  the  line  ;  but  as  the  line  from 
Campbell's  point  to  the  ford  of  Cumberland 
river  runs  nearly  north,  by  extending  the 
former  line  on  the  same  course,  from  the 
point  where  Campbell's  line  terminated,  two 
hundred  and  ninety  rods,  to  another  point  on 
Cumberland  mountain,  and  running  from 
that  point  to  the  ford  on  Cumberland  river, 
would  leave  the  petitioners'  settlements  on 
the  United  States'  side  of  the  line :  this  led 
the  committee  to  examine  the  treaties  and 
laws  of  the  United  States  to  ascertain 
whether  Campbell's  line  had  by  the  govern- 
ment, or  the  consent  of  the  Indians  been  ex- 
tended beyond  the  point  were  Campbell  ter- 
minated the  same,  or  that  part  of  Cumberland 
mountain  called  Double  mountain  :  they  are 
compelled  to  say  they  find  nothing  in  either 
the  treaties  or  laws  that  could  justify  extend- 
ing Campbell's  line,  against  the  Indians. — 
The  treaty  of  Hopewell,  made  with  the  Che- 
rokee nation,  by  Benjamin  Hawkins,  nnd 
others,  commissioners  of  the  United  States* 
^on  the  28th  of  November,  178  5,  describes 
this  part  of  the  boundary  line,  between   the 


fi> 


tJnhed  States  and  the  said  Indian  nation,  a0 
follows*  "  thence  along  the  said  line  to  the 
river,  (meaning  Cumberlafid  river)  thence  up 
the  said  river  to  the  ford  where  the  Kentucky 
road  crosses  the  river,  thence  to  CampheW% 
lint,  near  Cumberland  gap,'^  In  the  treaty 
of  Holston,  made  by  William  Blount  on  the 
2d  day  of  July,  1791,  with  the  same  Chero- 
kee nation,  the  boundary  line  is  thus  de- 
scribed,f  "  thence  up  the  river  Clinch,  to 
CampbeWs  line  and  along  the  same  to  the  top 
of  Cumberland  mountain,  thence  a  direct  line 
to  the  Cumberland  river,  where  the  Kentuchu 
road  crosses  it.'^  The  treaty  of  Holston,  in 
respect  to  this  particular  line,  appears  to  be 
a  confirmation  of  the  same  line,  described  by 
the  treaty  of  Hopewell,  only  turning  the  same 
from  an  opposite  point ;  nor  can  it  be  pre- 
sumed from  the  words  in  the  treaty  of  Hol- 
ston, to  wit:  "  along  CampbeWs  line  to  the  top 
of  Cumberland  mountain,'^  that  it  was  the 
understanding  of  either  of  the  contracting 
parties,  that  the  line  should  be -extended  to 
any  other  top  of  Cumberland  mountain,  than 
the  one  where  Campbell's  line  terminated. 
By  the  2d  article  of  the  treaty  made  with 
the  same  nation  of  Indians  at  Philadelphia, 
on  the  26th  day  of  June,  1794,  it  was  ex- 
pressly   stipulated!    "  that  the    boundaries 

*  United  SUiieb*  Laws,  vol.  2,  p.  344. 
t  Id.  p.  427. 
i  Id.  p.  43;>. 


mentioned  in  the  treaty  of  Holston^  should 
be  actually  ascertained  and  marked,  in  the 
manner  prescribed  by  said  treaty  of  Holston, 
whenever  the  Cherokee  nation  should  have 
ninety  days  notice  of  the  time  and  place  at 
allien  the  commissioners  of  the  United  States 

\  intended  to  commence  their  operation ;" 
which  said  boundaries,  as  mentioned  and  de- 
scribed in  the  treaty  of  Holston,  were  actually 
ascertained,  and  marked,  the  latter  part  of 
the  year  1797,*  under  the  direction  of  the 
same  Benjamin  Hawkins,  one  of  the  com- 
missioners at  the  treaty  of  Hopewell^  in  which 
the  particular  line  now  in  contest  was  run 
from  the  point  of  Campbell's  line,  where 
it  terminated  on  that  part  of  Cumberland 
mountain,  now  called  Double  mountain,  in  a 
straight  course  to  the  ford  of  Cumberland 
river,  which  left  the  petitioners  something 
short  of  one  mile  on  the  Indian  side  of  the 
Ime, 

By  the  third  article  of  the  treaty  made  by 
Thomas  Butler  and  George  Walton,  com- 
missioners of  the  United  States  with  the  same 
Cherokee  nation,  near  Tellico,  October   2d> 

1*  1798,  the  line  that  had  been  thus  ascertain- 
ed and  marked  the  preceding  year,  by  the 
commissioner  of  the  United  States  and  the 
Indians,  was  ratified  and  confirmedf  In  fur- 
ther confirmation  of  which  line.  Congress  A  A 

•  United  States'  Laws,  vol.  4,  p.  555,  556. 
t  Uoited  States'  Lavrs,  vol.  4,  page  357. 


jon  the  3d  day  of  March,  1799,  pass  an  act 
in  which  they  establish  the  Indian  boundary, 
and  describe  this  particular  Une  in  the  fol- 
lowing words — "  thence   north-east  to  Cum- 
berland river^  thence  up  the  said  river  to  where 
the  Kentucky  road  crosses  the  same^  thence  to 
the    Cumderlatid   mountain    at   the  point   of 
CampbeWs  li?ie.^^*     And  in  the  same  act,  the 
President  of  the  United  States  is  authorised 
to  employ  such   mihtary  force  as  he  may 
judge  necessary,  to  remove   from  lands  be- 
longing, or  secured  by  treaty,  to  any  Indian 
tribe,any  such  citizen  or  other  person  who  had 
then  made,  or  should  thereafter  make,  or  at- 
tempt to  make,  a  settlement  thereon.     And 
by  force  of  the  same  act  the  petitioners  were 
removed  from  their  settlements  on  the  Indian 
lands,  in  the  year  1801.     There  can  be  n* 
4oubt  of  their  settlements  being  on  the  In, 
dian  side  of  the  Une,  established  in  the  act 
Aforesaid;  and  as  little  doubt  can  be  enter- 
Ained,  that  the  act  estabUshedthe  line  agree- 
ably to  the  true  intent  and  meaning  of  the 
then  existing  treaties  between  the   United 
States  and  the  Cherokee  nation. 

On  the  ground  alledged  by  the  petitioners, 
that  they  took  all  reasonable  precaution  tp 
ascertain  the  true  line,  before  they  com- 
menced their  settlement,  it  is  to  be  remarked, 
that  they  state  in  their  petition,  that  "  the^ 

*  United  Stat e§'  Laws j>ol.  4,  page  588. 


iiscertained  the  tract  of  the  said  bontidary  iineif 
from  the  point  of  CmnpbeW s  line  on  Cumber- 
land mountain,  to  the  ford  of  Cumberland  ri- 
«)€t;"  had  they  done  this  they  could  not  have 

\  been  removed;  but  instead  thereof,  at  their 
own-risk  and  hazard,  as  appeared  by  the 
evidence  before  the  committee,  they  extend- 
ed the  course  of  Campbell's  line,  from  the 
point  where  it  terminated  on  one  top  of  Cum- 
berland mountain,  290  rods,  to  another  top 
of  Cumberland  mountain,  and  from  thence 
to  the  ford  of  Cumberland  river.  The  com- 
-  mittee  can  perceive  no  injustice  exercised  by 
government  against  these  petitioners,  nor  can 
their  case  very  materially  differ  from  hun- 
dreds, if  not  thousands,  that  have  been  re- 
moved from  Indian  lands  under  the  authority 
of  the  United  States.  v^ 

The  committee  further  observe,  that  from 
the  report  made  to  the  secretary  of  war  by 
Return  J.  Meigs,  and  referred  to  in  the  bill, 
it  is  doubtful  whether  the  estimation  therein 
made,  included  only  their  claims  for  damages, 

^  in  being  turned  off  from  their  settlements,  or 
the  value  of  their  property  or  little  far^ns,  the 
sum  is  more  than  sixteen  hundred  dollars  ;  it 
is  presumed  the  interest  of  the  Unhed  States 
would  not  be  advanced  in  purchasing  small 
tracts  of  land  among  the  cliffs  of  those  moun- 
tains, and  where  no  legal  title  has  been 
shown  in  the  claimants :  most  of  the  peti- 
tioners settled  there  for  the  purpose  of  keep- 


10 

ing  houses  of  entertainment,  and  probably 
selling  liquor,  so  detrimental  to  the  IndianSy 
which  might  have  been  a  principal  ground 
of  complaint,  and  the  cause  of  their  being 
removed.  No  reason  has  been  assigned  why- 
Thompson  Nichols  is  inserted  in  the  bill, 
when  it  does  not  appear  that  he  ever  peti- 
tioned for  any  compensation.  Upon  the 
whole,  the  committee  report  no  amendments 
to  the  bill^  but  submit  the  same  to  the  Senate 
to  be  determined  on  its  merits. 


4 


